Rent case dispute
kuldipmittal@rediffmail.com
(Querist) 08 May 2011
This query is : Resolved
Hello Members
I am a new member in this community and I want to make a query regarding the issue involved in Haryana Urban Control of Rent & Eviction Act, 1973 u/s 12.
Q1. Whether resjudicata is applicable on Section 12 that means the applicant had already availed and executed the repairs in the disputed shop but after some time the same problems occurs on same repairs in the demised premises, so that can be permitted by filling the fresh Second Application on the same issue?
Q2. Whether application U/s12 is maintainable by the tenant after he receives the summons for eviction application on the ground of unfit and unsafe for human habitation?
Please provide me some latest case law on both my qauries.
Thanks in anticipation
M V Gupta
(Expert) 09 May 2011
Q.1. Fresh defects in the premises requiring repairs will be fresh cause of action. Hence Res judicata wil not apply.
Q.2. Yes. It is maintainable. The mere filing of suit for eviction does not prevent tenant's right to approach the court under Sec. 12 for carrying out of the repairs by the land lord.
